Every five years, the Bureau of Economic Analysis (within the Department of Census) conducts a survey of foreign direct investment in the United States. Survey responses are used for statistical compilation purposes only and are kept confidential. They are not subject to the Freedom of Information Act and cannot be used for law enforcement or regulatory purpose. Survey responses are due on May 31, 2018.
Survey responses are required using one of the BE 12 forms (in lieu of the annual BE 15 form) for any U.S. business enterprise in which a foreign person or entity held, directly or indirectly, 10 percent or more of the voting securities of a corporation or the equivalent interests in an unincorporated U.S. business enterprise (“U.S. Affiliate”). “Business enterprise” is defined quite broadly and includes any “organization, association, branch, or venture which exists for profit making purposes or to otherwise secure economic advantage, and any ownership of any real estate.” The applicable BE 12 form depends on the degree to which the U.S. Affiliate is owned by a foreign person or entity and the U.S. Affiliate’s total assets, sales, gross operating revenues and net income. If foreign ownership existed at the end of the U.S. Affiliate’s fiscal year that ended during calendar year 2017, a BE 12 form may be required.